Fault Based Divorce Lawyer New Kent County — What Are Your Grounds?
A fault based divorce in New Kent County requires proving grounds like adultery or cruelty under Va. Code § 20-91. This fault based divorce lawyer New Kent County from Law Offices Of SRIS, P.C. provides strategic representation to protect your rights. Our firm has 11 documented case results in New Kent County. Call (888) 437-7747 for a 24/7 consultation.
Statutory Definition of Fault Grounds for Divorce in Virginia
Virginia law provides specific fault grounds for divorce, which are distinct from no-fault separation. These grounds, defined in Va. Code § 20-91, include adultery, cruelty, desertion, and felony conviction. Proving a fault ground can impact spousal support, equitable distribution, and child custody determinations in New Kent County Circuit Court. An at-fault divorce lawyer New Kent County can advise if these grounds apply to your situation.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s divorce statutes, visit the official Virginia Code (Title 20, Chapter 6). Local procedures are managed by the New Kent County General District Court.
Local Procedural Edge for Fault Divorces in New Kent County
New Kent County Circuit Court handles all divorce, equitable distribution, and spousal support matters. Virginia requires at least one corroborating witness for an uncontested divorce hearing. For fault-based cases, evidence must meet a preponderance of the evidence standard. A fault based divorce lawyer New Kent County understands that judges in the Ninth Judicial District scrutinize fault allegations closely.
- Consult with an at-fault divorce lawyer New Kent County to evaluate your grounds and evidence.
- File a Complaint for Divorce specifying the fault grounds at the New Kent Circuit Court Clerk’s Office.
- Serve the complaint and summons on your spouse according to Virginia rules.
- Gather and present evidence (witnesses, documents, records) to prove the fault ground.
- Attend any required hearings or settlement conferences.
- Proceed to a contested trial if a settlement cannot be reached.
Potential Outcomes in a Fault-Based Divorce
In New Kent County, a fault-based divorce can affect spousal support awards and property division under Virginia’s equitable distribution laws.
| Fault Ground | Legal Standard | Potential Impact on Divorce |
|---|---|---|
| Adultery | Voluntary sexual intercourse outside marriage | May bar spousal support for adulterous spouse; affects property division |
| Cruelty | Reasonable apprehension of bodily hurt or danger to life/health | Grounds for divorce; may impact custody and support |
| Willful Desertion | Abandonment for one year or more without cause/consent | Grounds for divorce after one year |
| Felony Conviction | Sentence to confinement for more than one year | Grounds for divorce after conviction final |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Fault-Based Divorce
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to family law matters. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our firm unique insight into property division arguments in fault divorces. Our “Advocacy Without Borders” approach ensures dedicated representation.
Documented Case Results
Law Offices Of SRIS, P.C. has 11 total documented case results across all practice areas in New Kent County, with a 100% favorable outcome rate. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate across Virginia, Maryland, New Jersey, New York, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Fault Based Divorce Lawyer Near New Kent County
Our Richmond location serves clients at the New Kent County courts (12001 Courthouse Circle), accessible via I-64, Route 33, and Route 249. We are your local fault based divorce lawyer near New Kent, Providence Forge, and Quinton.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359
Richmond, VA 23225
By appointment only.
Fault Based Divorce in New Kent County: FAQs
What are the fault grounds for divorce in Virginia?
Yes. Virginia’s fault grounds are adultery, cruelty, willful desertion for one year, and felony conviction with imprisonment for over one year, as defined in Va. Code § 20-91. An at-fault divorce lawyer New Kent County can help determine if your situation meets these legal standards.
How does proving fault affect a divorce in New Kent County?
It depends. Proving fault can influence a judge’s decisions on spousal support (potentially barring it for the at-fault spouse) and may affect the equitable distribution of marital property. It is one of many factors the New Kent County Circuit Court considers under Virginia law.
Is it harder to get a fault-based divorce than a no-fault divorce?
Yes. A fault-based divorce requires proving specific grounds with evidence, which adds complexity and often leads to a contested case. A no-fault divorce based on separation requires only proof of time apart, making it generally more clear.
What evidence is needed for a cruelty divorce in Virginia?
You need evidence showing a reasonable fear of bodily hurt or danger to life, limb, or health. This can include medical records, police reports, photographs, or witness testimony. General arguments or unhappiness are not sufficient grounds for cruelty.
Can I get a divorce immediately if I prove adultery?
Yes. Unlike a no-fault divorce which requires a waiting period, a divorce based on adultery has no mandatory separation period. Once the ground is proven to the court’s satisfaction, a final decree can be granted.
For more information, see our Virginia Family Law hub page. We also assist with related matters like criminal defense in New Kent County and family law in Henrico County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.